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IIENT . of the See also:Union remained See also:sovereign. According to the theory of J. C. See also:Calhoun, the states had entered into an agreement from which they might withdraw if its terms were broken, and they were sovereign. According to the theory expounded in the Federalist, the individual states did not, after the formation of the constitution, remain completely sovereign: they were See also:left in See also:possession of certain attributes of See also:sovereignty, while others were lodged in the Federal See also:government; while there existed many states, there was but one sovereign. Even if the origin was a compact or See also:contract, after the " See also:United States " were formed by a " constitutional See also:act " there no longer existed a See also:mere contractual relation: there existed a See also:state to which all were subject, and which all must obey (von Stengel, Staatenbund and Bundesstaat; Jahrbuch See also:fur Gesetzgebung, 1898, p. 754; Cooley, Principles of Constitutional See also:Law, pp. 21, 102). According to See also:Austin: " In the See also:case of a composite state or a supreme federal government, the several united governments of the several united See also:societies together with a government See also:common to these several societies, are jointly sovereign in each of these several societies and also in the larger society arising from the federal union, the several governments of the several united societies are jointly sovereign in each and all " (5th ed., vol. i. p. 258). In point of fact, there are See also:fields of See also:action in which A is sovereign, others in which B is sovereign, and certain others in which A and B are jointly or alternately sovereign. To take the See also:American constitution, for example, the states are sovereign as to some matters, the Federal government as to others. 5. Another See also:division includes anomalous cases, such as See also:Cyprus or Bosnia, in which one government administers a See also:country as to which another state retains certain See also:powers, theoretically large. 6. The territories governed or administered by chartered companies See also:form a class by themselves. Nominally such companies are the delegates of some states; in reality they act as if they were true sovereigns. 7. Two other classes may be mentioned: (a) cases of real union between states, e.g. that between See also:Austria and See also:Hungary; (b) See also:personal unions, distinguished from the above-named forms—for example, the union of See also:Great See also:Britain and See also:Hanover. 8. A small See also:group consists of instances of condominium or arrangements similar thereto; for example, the arrangements as to the See also:Samoa Islands from 5889 to 1899. According to See also:modern usage the appellation " sovereign state " belongs only to states of considerable See also:size and See also:population exercising without See also:control the usual powers of a state, e.g. able to declare See also:peace or See also:war. See also:Leibnitz, discussing this subject in his Tractatus de jure suprematus (See also:Opera, 4. 362), says: " Itaque valde etiam dubito, an possit Reipublicae illi Italiae, quam vocant Sancti See also:Marini oppidum, concedi suprematus, Size of tametsi jure liberam esse nemo negat," a remark See also:Slate. which would apply also to the See also:republic of See also:Andorra: " Illi tantum vocantur souverains ou potentate, qui territorium majus habent, exercitumque educere possunt; atque hoc demum illud est, quod ego voco suprematum, et Gallos quoque arbitror, cum de See also:rebus ad See also:jus gentium spectantibus, See also:pace, See also:bello, foederibus sermo est, et ipsi aliquos vocant souverains, eos non de urbibus liberis loqui, nec exiguorum territoriorum See also:dominis, quae facile dives See also:Mercator See also:sibi emere potest, sed de majoribus illis potestatibus, quae bellum inferre, bellum sustinere, propria quodammodo vi stare, foedera pangere, rebus aliarum gentium cum auctoritate intervenire possunt " (4. 359). With this view, may be compared that of a writer in the Law See also:Magazine (1899) See also:xxv. 30, who argues that the republic of See also:San See also:Marino is a state in the full sense. It is sometimes suggested that self-governing colonies are to be regarded as true states. Undoubtedly some of them can no longer be regarded as colonies in the old sense. The Colonies. self-governing colonies forming See also:part of the " multi- cellular See also:British state," as F. W. See also:Maitland describes it (See also:Political Theories of the See also:Middle Ages, p. x.), have an essentially " state-like See also:character." If See also:Liberia is a state, the same may surely be said of See also:Canada. It is true the British colonies have not the See also:power of declaring war or peace, or regulating the See also:foreign policy of the See also:empire; and the See also:Crown may disallow a measure passed by the dominion See also:parliament (J. G. Bourinot, Constitution of Canada, 188S, p. 95; A. H. F. Lefroy, Legislative Power in Canada, 244). Colonial legislatures are said to have delegated powers. It is more accurate to say that as to certain matters the legislature of the See also:Canadian Dominion is sovereign, and as to certain others that it is not (Lefroy, 244; See also:Quick and Garran, Australian Common-See also:wealth, 328; See also:Dicey, 1o6); and as to some matters they are in fact, if not in form, universitates superiorem non recognoscentes (Quick and Garran, 319); or that they are states in See also:process of making. Occasionally the expression " subject of a See also:colony " is now used (See also:Low v. See also:Routledge, L.R. 1 Ch. 42; Lefroy, Legislative Power in Canada, 329). It has been decided by the judicial See also:committee of the Privy See also:Council that the colonial legislatures are not mere delegates of the Imperial parliament (A. B. See also:Keith, Responsible Government in the Colonies, p. 81). At all events, the self-governing colonies may be classed as " See also:half sovereign states " or " quasi-sovereign." Many attempts have been made to enumerate the attributes of sovereignty, i.e. the See also:regalia, prerogatives, &c., as they were Attributes called. For example, See also:Bodin gives a See also:list of the of See also:cove- properties of majestas or sovereignty: (a) " Legem reignty. universis, &c., singulis civibus dare posse; (b) See also:helium indicere See also:aut pacem inire; (c) to appoint and See also:change magistrates; (d) power of final See also:appeal; (e) power of See also:pardon; (f) raising See also:revenue; (g) coining See also:money " (De republica, vol. i. ch. 1o). Leibnitz, with the middle ages in view, divides the attributes or faculties into two classes: regalia majora and regalia minora. See also:Hobbes (See also:Leviathan), analysing these attributes, enumerates twelve attributes. " These," he says, " are the marks which make the essence of sovereignty, and which are the marks whereby a See also:man may discover in what man, or See also:assembly of men, the sovereign power is placed or resideth." He also describes them as " inseparable rights." See also:Bluntschli (Allgemeine Staatslehre, i. 575) enumerates these attributes: (a) right of recognition of majestas; (b) See also:independence; (c) power to determine constitution; (d) right of legislation; (e) action through deposed See also:organs; (f) irre- sponsibility. All of these enumerations are open to the objection that they merely describe the action of the state at a particular See also:time, or indicate a theory of what an ideal state should be. Additional information and CommentsThere are no comments yet for this article.
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